Electoral Administration Act 2006

European Parliament

41 (1) Section 10 of the European Parliamentary Elections Act 2002 (c. 24) (disqualifications) is amended as follows.

(2) In subsection (3) for “Commonwealth” substitute “qualifying Commonwealth citizens”.

(3) After subsection (3) insert—

“(3A) A Commonwealth citizen who is resident in Gibraltar and who—

(a) does not, under the law of Gibraltar, require a permit or certificate to enter or remain there, or

(b) for the time being has (or is by virtue of any provision of the law of Gibraltar to be treated as having) a certificate of permanent residence issued under the Immigration Control Ordinance,

is not disqualified for the office of MEP under subsection (1)(a) merely because he is disqualified for membership of the House of Commons under section 3 of the Act of Settlement (12&13 Will 3 c. 2) (disqualification of persons, other than qualifying Commonwealth citizens and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).

(3B) But subsection (3A)(a) does not cause a person to be qualified for the office of MEP if he does not require a permit or certificate to enter Gibraltar by virtue only of section 14(1) of the Immigration Control Ordinance (certain exemptions from requirement of permit or certificate).”

(4) In subsection (4A) for “provide” substitute “make such other provision as he thinks appropriate”.

(5) After subsection (7) insert—

“(7A) In this section “the Immigration Control Ordinance” means the Gibraltar Ordinance of that name (Ord. 1962 No. 12).

(7B) The Secretary of State may by regulations amend this section if he considers it necessary or expedient to do so in consequence of developments in the law of Gibraltar relating to immigration control.

(7C) Such regulations may—

(a) make transitional or saving provision;

(b) make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom.”